Current Issues of the State and Law最新文献

Termination of criminal prosecution and termination of a criminal case: current state of law enforcement 刑事起诉终止与刑事案件终止:执法现状

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-4-619-628

Yulia V. Endoltseva

{"title":"Termination of criminal prosecution and termination of a criminal case: current state of law enforcement","authors":"Yulia V. Endoltseva","doi":"10.20310/2587-9340-2022-6-4-619-628","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-4-619-628","url":null,"abstract":"The release of a person from criminal liability by terminating his criminal prosecution is an alternative form of resolving a criminal law conflict, tested by Russian and foreign practice. In order to understand how effective this practice is in Russia, what is the current state of law enforcement in this aspect, we study scientific works, decisions and rulings of the highest courts of Russia, analyze the statistical data presented on the official websites of the Prosecutor General's Office of the Russian Federation and the Judicial Department at the Supreme Court Russian Federation. The accomplished work allows us to conclude, including that the modern model of regulation of the institution of termination of criminal prosecution and termination of criminal case is imperfect, the legislator is in search of optimal ways to simplify and speed up criminal proceedings, but with a proper balance of private and public interests. The ratio of the number of terminated criminal cases between the bodies of preliminary investigation and the courts indicates the uneven application of the indicated legal institutions in pre-trial and judicial proceedings, the need for a systematic determination of the causes and conditions affecting these facts, both from the point of view of criminal law and criminal procedure, and criminological aspects, with the identification of their relationship and interpenetration, which would make it possible to establish and consolidate such an approach to determining the effectiveness of law enforcement in the designated issue, which would fully meet the state goals and objectives in the field of criminal policy and would become the foundation for building an optimal model of legal regulation of institutions exemption from criminal liability, termination of criminal prosecution, termination of criminal case.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115128927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal education in the context of the modern educational process 法学教育背景下的现代教育进程

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-3-269-277

O. V. Balashov

{"title":"Legal education in the context of the modern educational process","authors":"O. V. Balashov","doi":"10.20310/2587-9340-2022-6-3-269-277","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-3-269-277","url":null,"abstract":"The study is devoted to the analysis of the problem of legal education in the modern conditions of the implementation of the educational process. Digitalization processes affect all spheres of interaction between society, including the educational process. Today it is impossible to imagine the learning process without media technology and interactive support for classes. Changes in social interaction also determine new forms and methods of legal education of the population. The study is aimed at substantiating the role of legal education as an integral part of the educational process. The use of the formal-logical method made it possible to consider the learning process and the process of legal education in unity, the method of materialistic dialectics made it possible to substantiate the conclusions of the study. The destructive causes of the process of legal education, in particular, the low level of legal literacy and legal culture, are analyzed. Analytical, scientific and normative legal materials related to the process of education in the Russian Federation have been studied. We substantiate the impact of the digital environment on the formation and functioning of the legal consciousness of a modern person. The conclusion is made about the need for further research of the factors influencing the process of legal education. A number of proposals have been formulated to improve the national legislation in terms of the legal education of the population, aimed at raising the general level of legal culture.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123041459","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law 比较分析了规范性法律行为对刑事处罚执行的影响，在俄罗斯国家形成初期为法律面前平等原则的实施

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2021-5-20-752-765

Nikolai S. Kovalev

{"title":"Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law","authors":"Nikolai S. Kovalev","doi":"10.20310/2587-9340-2021-5-20-752-765","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-20-752-765","url":null,"abstract":"The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125233303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

On the issue of the need to study crime in the field of compulsory health insurance 关于犯罪问题，有必要在强制医疗保险领域进行研究

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-1-65-75

K. Y. Puzyreva

{"title":"On the issue of the need to study crime in the field of compulsory health insurance","authors":"K. Y. Puzyreva","doi":"10.20310/2587-9340-2022-6-1-65-75","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-1-65-75","url":null,"abstract":"Extreme pressures on the Russian healthcare system that arose at the height of the COVID-19 make re-searchers pay attention to ways to ensure the medical industry working capacity. Financial sustainability is a re-source factor for the functioning and efficiency of healthcare. Corruption and economic crimes harm the health care system, thereby inhibiting its development and leading to financial destabilization. The purpose of study is to analyze the proposed formation and study of a special type of crime “in the field of compulsory medical insurance”. As the objectives of the undertaken research, we define the review of the social insurance model of the healthcare organization functioning in Russia, the identification of features of crimes in the field of compulsory medical insurance, the development of criminological concepts for the knowledge of crime in the field of compulsory medical insurance. The methodological basis of the study included a dialectical method, which allowed us to consider the principle of building the Russian social insurance model of the health organization and the nature of the crimes committed by medical workers in terms of their interrelation and dynamics; a classification method by which it was possible to systematize crimes in the field of compulsory health insurance; a formal legal method that allowed us to look at the phenomena under consideration from the point of view of their legal regulation. We make an attempt to detect a new group of crimes in the official statistical reporting. The work is the result of study of cases related to illegal receipt of funds by doctors and executives of medical organizations of private and state ownership. An assumption is made about the “economic” nature of crimes committed in the field of compulsory health insurance (for example, fraud). The research should be the first step towards the formation and study of a new type of crime and its indicators.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117158279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

EVOLUTION OF PRIVATE MILITARY COMPANIES IN THE WORLD 世界上私人军事公司的演变

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2019-3-9-107-113

Sergey Vladimirovich Shishmonin

{"title":"EVOLUTION OF PRIVATE MILITARY COMPANIES \u0000IN THE WORLD","authors":"Sergey Vladimirovich Shishmonin","doi":"10.20310/2587-9340-2019-3-9-107-113","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-9-107-113","url":null,"abstract":"In a rapidly changing and unstable situation on the world stage, private military companies are present and developing very effectively in the military sphere. Relation to private military companies is a relatively new actors in the military sphere, is not clear. The history of formation and development of these organizations is short, but very bright. Mercenarism and prototypes of private military companies were known in ancient times. We show the evolution of private military companies from mercenaries to modern companies. In the modern sense of the term private military companies began to be actively created only in the middle of the 20th century. European states, in particular, the United States, played an active role in these processes. This state also went down in history as the first legally regulate the activities of military companies. In just over half a century, private military companies have been involved in many military conflicts and have proven to be a highly mobile and versatile tool for addressing geopolitical and state tasks. Since the early of 21th century, international private corporations and enterprises have become interested in the services of these organizations. The private-military segment of the market is developing very actively and steadily in the conditions of the modern world situation.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117261997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Auxiliary law enforcement actions of the creditor in obligations 债权人在债务中的辅助执法行为

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2021-5-20-792-799

N. V. Yuzhanin

{"title":"Auxiliary law enforcement actions of the creditor in obligations","authors":"N. V. Yuzhanin","doi":"10.20310/2587-9340-2021-5-20-792-799","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-20-792-799","url":null,"abstract":"We analyze some of the creditor’s law enforcement actions in obligations, which in the theory of civil law have become accepted to be called creditor obligations. We dispute the thesis that it is possible to classify as obligations those actions that help in the implementation of creditor’s subjective right and are part of the mechanism for its implementation. We provide an analysis of a number of creditor’s necessary actions, which act auxiliary to the basic action to implement the subjective right in obligation. We propose to abandon the concept of “obligation” in relation to those creditorial en-forcement actions, the failure of which entails sanctions that are not related to liability measures. We establish that in the obligation within the framework of mutual subjective rights and obligations, there are creditor actions that do not contain leading economic significance, but have an auxiliary nature, ensure the fulfillment of the main economic obligations arising in the basic commodity-money relationship. The creditor’s law enforcement actions include not only the acceptance of performance, but also other organizational actions of an actual nature, which, ultimately, are aimed at fulfilling the obligation by both parties. The non-fulfillment of the creditor's law enforcement actions does not entail direct responsibility for their non-fulfillment, only indirect possibilities of influencing the counterparty are established. The indirect means of influencing the creditor include the delay in fulfilling the obligation as a measure of operational impact.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121244426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

International legal framework for the criminal legal protection of the embryo 国际刑事法律框架的法律保护胚胎

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2021-5-18-296-308

N. Ognerubov

{"title":"International legal framework for the criminal legal protection of the embryo","authors":"N. Ognerubov","doi":"10.20310/2587-9340-2021-5-18-296-308","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-18-296-308","url":null,"abstract":"In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123418515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

On ways to improve the production regulations of criminal cases of private and private-public prosecution 论完善自诉和自诉公诉刑事案件生成规则的途径

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-2-228-234

I. V. Ovsyannikov

{"title":"On ways to improve the production regulations of criminal cases of private and private-public prosecution","authors":"I. V. Ovsyannikov","doi":"10.20310/2587-9340-2022-6-2-228-234","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-2-228-234","url":null,"abstract":"The purpose of the article is, based on an analysis of the differences in the procedures for initiating criminal cases of private and private-public prosecution and proceedings on them, to show the existing contradictions in the legislative regulation of the proceedings, to outline ways to eliminate them. The study made it possible to state the existence of problems in the public procedure for initiating a case – the dependence of the victim-applicant on the will of law enforcement officials and the possibility of difficult-to-surmount obstacles for him in access to justice. The difference in the procedures for terminating criminal cases of the two categories under consideration in connection with the reconciliation of the parties and the shortcomings of the regulation of these procedures in the criminal procedure law are discussed. The draft law of the Supreme Court of the Russian Fed-eration on the transfer of private prosecution cases to the category of private-public prosecution cases is being studied. The advantages and disadvantages of this draft law, proposals for its improvement are formulated. Proposals have been developed to improve the criminal procedure law in terms of regulating the proceedings in criminal cases of private and private-public prosecution.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114941444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Comparative legal analysis of the institute of movement without convoy in the countries of the Commonwealth of Independent States 独立国家联合体各国无护送行动制度的比较法律分析

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-2-211-218

N. V. Cheremin

{"title":"Comparative legal analysis of the institute of movement without convoy in the countries of the Commonwealth of Independent States","authors":"N. V. Cheremin","doi":"10.20310/2587-9340-2022-6-2-211-218","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-2-211-218","url":null,"abstract":"In the light of the planned course of development of the penal enforcement system (the adoption of a new development concept until 2030, which, in turn, implies the creation of a joint type of institution), the develop-ment of the institution of movement of convicts without escort or escort becomes an urgent issue. From the standpoint of identifying positive foreign experience, the study of the development of this institution in the countries of the Commonwealth of Independent States is of scientific interest, since the legal system of these countries (legal system, legal culture, legal realization) is closest to the legal system of our country. In the course of studying this institute, the author comes to the conclusion that, despite the commonality of the legal systems of the Russian Federation and the former republics of the Soviet Union, the norms governing the institution of movement without escort in these countries have received different levels of development. The main research tool was the comparative legal method. With the help of it, the general and special features of this institution were identified in the legislation of the countries studied. Based on the data obtained, the author suggests consi-dering the possibility of making the following amendments to Article 96 of the Criminal Executive Code of the Russian Federation: remove the ban on the withdrawal of HIV-infected convicts to BP; establish other deadlines for withdrawal to BP in order to study the convict's personality in more detail; to establish that the right to travel without escort or escort outside the IU is granted to the convicted person by the decision of the head of the IU, agreed with the prosecutor overseeing the enforcement of legality in the IU; to establish a ban on the withdrawal of convicts who were previously deprived of the right to BP for any offense committed.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122405404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Methodology features of project activity in legal science and education 法学教育项目活动的方法论特征

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-4-523-531

E. Larina

{"title":"Methodology features of project activity in legal science and education","authors":"E. Larina","doi":"10.20310/2587-9340-2022-6-4-523-531","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-4-523-531","url":null,"abstract":"We consider the popular and proven method of projects in the context of its application in the activities of state and municipal authorities in the development of draft regulations, the activities of public organizations involved in the legal field, practicing lawyers, the activities of universities and students. We substantiate the possibility of using the project method in practical legal activities, as well as in the process of training young professionals as one of the most effective methods for implementing this activity. We apply the comparative method when considering foreign experience, as well as analysis when considering the possibilities of applying the project method in relation to each of these areas. Synthesis is used to generalize various areas of student participation in project activities. In the course of the study, the author’s classification of types of project activities in jurisprudence is formulated, taking into account the key person carrying out project activities, as well as the scale of the project. The results of this study are applicable both within the specified areas of project activities formulated in the study, and in the training of specialists in the field of jurisprudence as part of the formation of new competencies in them – the skill of working with projects. The results of the study can be used in general terms in other areas of knowledge, since the method under consideration is not associated only with legal activity. We conclude that the implementation of projects takes place in different directions, having different goals, and their most effective achievement is possible with the participation of various actors: authorities, public organizations, businesses, educational institutions (schools, colleges, technical schools, universities), students who are trained in legal and non-legal specialties, etc.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122509887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0